[WSBAPT] Allowing Surviving Spouse to Live in Marital Home

Thu Nov 6 10:03:13 PST 2014

Thanks Stuart, I deeply appreciate it! This language works in my situation.

Ramón E Ortiz-Vélez
Attorney at Law
Ortiz Gosalia PLLC
15446 Bel-Red Rd, Suite 101
Redmond, WA 98052
Voice: (425)633-2004
Fax: (425)748-3940
Email: rortiz at ortizgosalialaw.com
Web: www.ortizgosalialaw.com

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On Nov 5, 2014, at 2:32 PM, Stuart Scarff <stuart at scarfflaw.com> wrote:

> Ramon,
>  
> I have dealt with the issue of children from a prior marriage and what to do with the primary residence several times and each situation has its own nuances.  I have attached some specimen language that may serve as a starting point for you. 
>  
> Good luck and do not hesitate to contact me with any questions.
>  
> Respectfully,
>  
> Stuart Scarff, Esq.
> 3035 Island Crest Way, Suite 201
> Mercer Island, WA  98040
> 206.236.1500
> 206.382.0245 (fax)
> www.scarfflaw.com
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> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of MK Henderson
> Sent: Wednesday, November 05, 2014 1:41 PM
> To: WSBA Probate & Trust Listserv
> Subject: Re: [WSBAPT] Allowing Surviving Spouse to Live in Marital Home
>  
> I've seen wills that say the Surviving Spouse may stay in the home for as long as she/he wants but once they move out the home will be sold.  There are usually conditions of some sort.  I don't see anything wrong with a set time such as: 
>       "If X dies first Y may continue to live in the Residence rent-free for (x # of years) however, Y must pay all utilites, rent, etc." 
>  
> On Wed, Nov 5, 2014 at 12:49 PM, Ramon Ortiz <rortiz at ortizgosalialaw.com> wrote:
> Dear Colleagues, I have a question regarding allowing a surviving spouse to remain in the marital home for as long as he/she desires. For example, H has two children from previous marriage to whom he desires that they share 48% of the estate; he wants W to take the remaining 52%. The marital home (which is the largest part of the estate) will most likely be sold at H’s death. However, H would like for W to remain in the house as long as she wants and so that she has enough time to decide in relocation (basically, so there’s not a forced sale right away, but so that there’s time for her). 
>  
> Would a clause in the will stating that W is allowed to remain in the marital home for as long as she wants create any problems? I’m thinking that it should be outlined that W would still have to cover the utilities and costs (including taxes), etc.
>  
> Any thoughts would be deeply appreciated. 
> 
> Ramón E Ortiz-Vélez
> Attorney at Law
> Ortiz Gosalia PLLC
> 15446 Bel-Red Rd, Suite 101
> Redmond, WA 98052
> Voice: (425)633-2004
> Fax: (425)748-3940
> Email: rortiz at ortizgosalialaw.com
> Web: www.ortizgosalialaw.com
> 
> 
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> THIS EMAIL MAY CONTAIN CONFIDENTIAL ATTORNEY WORK PRODUCT/ATTORNEY-CLIENT PRIVILEGED COMMUNICATION:  This e-mail and any attachments thereto may contain confidential attorney work product and may be subject to the attorney-client communication privilege.  They are intended only for use by the addressee(s) named herein and may contain both legally privileged and/or sensitive protected information.  If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited.  If you receive this e-mail in error please immediately notify me at rortiz at ortizgosalialaw.com and permanently delete the original copy and any copy of any e-mail, and any printout thereof.
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> TAX ADVICE NOTICE:  Treasury Circular 230 Disclosure: Pursuant U.S. Treasury Regulations governing tax practice, to the extent this communication contains any statement of tax advice, such statement is not intended or written to be used, and cannot be used, by any person for the purpose of, or as the basis for, avoiding tax penalties that may be imposed on that person.
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> Mary K. Henderson
> Henderson Law Office PLLC
> 1123 Maple Ave SW, Suite 225
> Renton, WA 98057
> 206-650-2472
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